United States Second Circuit

Defendant's conviction and sentence for conspiring to bomb the U.S. Embassies in Kenya and Tanzania are affirmed, where: 1) based upon a balancing of the factors set forth by the Supreme Court, the district court correctly determined that, in the circumstances presented here, there was no violation of defendant's right under the Speedy Trial Clause of the Sixth Amendment although he was held abroad for several years by the Central Intelligence Agency and the Department of Defense while his indictment was pending; 2) the district court did not err in giving the jury a "conscious avoidance" instruction; and 3) a sentence of life imprisonment, based on a conviction for conspiring to destroy U.S. buildings and property and directly or proximately causing the deaths of 224 people, was neither procedurally nor substantively unreasonable.

Appellate Information

• Decided 10/24/2013
• Published 10/24/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel